By Charlie Warner
Argus News Editor
A property line dispute between Richard Chapel and the county was resolved last week when all parties agreed to a new survey of the property. Former Houston County Attorney Rick Jackson, making his last official appearance at the May 27 county board meeting, presented the agreement, and asked for the board’s approval.
A number of years ago, the Botcher family gave a section of land, located in Sheldon Township, to Houston County to be used as a nature area. The land given to the county abuts Chapel’s property.
The dispute surfaced when the county’s property, known as Botcher Park, was surveyed. According to the survey, a fence line which the Chapels have maintained for many years and about 15 acres of land they have farmed and logged, is actually part of Botcher Park.
Attorney Tim Murphy, representing Chapel, brought the issue before the board of commissioners in June of 2007. According to Murphy, the Chapel family has owned property in Sheldon Township for three generations.
Murphy felt the situation could be deemed “implied ownership,” where someone occupies, uses, and maintains the property as if it was his or her own for more than 15 years without any objection from the rightful property owner. The party using the land can acquire the title to the property by adverse possession.
Last July Chapel’s daughter Patty Van Gundy of Houston provided the board with photos and additional history of the property in question. One photo, taken about 50 years ago, showed the fence line in question, and indicated the Chapels had utilized the land on both sides of the fence.
According to Van Gundy, the Chapel family owned the Sheldon Township farm that her great grandfather split up, with a relative retaining possession of one farm. No legal survey was conducted when the original farm was split up. The Chapel family used the land on both sides of the fence line for decades.
“Our family has used that land (the acreage in question) for many years,” Van Gundy told the county board last July. “I’m 53 years old, and as far back as I can remember, that was part of our family farm. This land is very important to our family, and we feel under the guidelines of implied ownership, that land should be ours.
“Bob (Botcher) wanted to give his property to the county for kids to enjoy,” Van Gundy continued. “But he wouldn’t have wanted the land to be divided like this. The Botchers never used the property inside that cattle guard,” she added, pointing to one of the photos. “Apparently, the legal description was never done right.”
Van Gundy added her father would be willing to pay for a new survey that would show the property lines the way the Chapel family feels they originally were.
A new survey was completed, and was agreeable to all parties involved.
A motion was made by Commissioner Tom Bjerke and seconded by Commissioner Dave Corcoran to approve the new survey and agreement. It was unanimously passed by the county board.
In other action:
Flood recovery loan approved
The board approved a Business Flood Recovery Loan for Randy Munson of Randall Chase Trucking of Hokah. County EDA Director Joyce Iverson brought the loan application to the board for its approval.
The financing package would be for $3,552, with 75 percent (or $2,664) being forgivable, and $888 to be paid back over a seven-year period.
Iverson explained the county EDA has 15 projects either in the works, or approved so far, which will total about $1.7 million. The flood recovery loan programs have been for businesses in the Hokah, La Crescent, and Houston areas, which were devastated by flash floods last August. The state had approved up to $5 million for Houston County.
Finalist named
A committee made up of Sheriff Doug Ely, Chief Deputy Scott Yeiter, interim County Attorney Suzanne Bublitz, Commissioner Ann Thompson, and County Personnel Director Tim Comstock, interviewed four candidates for the position of deputy sheriff. At the conclusion of the interview, the committee identified William Hargrove as the finalist for the position.
According to Comstock, the decision to select Hargrove as the finalist for the position was unanimous. The next step is for a Peace Officer Standards Board (POST) background check to be completed. Once that is completed, there are several other physical and personality tests that are conducted before the job will be officially offered to Hargrove.
Hargrove is currently employed as an officer on the La Crescent Police Department.
You can contact Charlie Warner at
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